LCR12071

Subject:
Claim by the Union on behalf of 2 laboratory technicians and 5 laboratory assistants for an increase in wages following an increase in duties and responsibilities.

Recommendation:
7. The Court considers that the changes in duties and
responsibilities of the claimants are not such as would warrant an
increase in remuneration. The Court does not therefore recommend
concession of the claim.

Division: CHAIRMAN Mr Collins Mr Walsh

Text of Document__________________________________________________________________

CD88462 RECOMMENDATION NO. LCR12071


INDUSTRIAL RELATIONS ACTS, 1946 TO 1976
SECTION 67

PARTIES: NENAGH CO-OPERATIVE CREAMERY LIMITED

AND

IRISH TRANSPORT AND GENERAL WORKERS' UNION



SUBJECT:
1. Claim by the Union on behalf of 2 laboratory technicians and 5
laboratory assistants for an increase in wages following an
increase in duties and responsibilities.



BACKGROUND:
2. The Co-operative is engaged in dairy manufacturing and store
trading. In order to offset the reduction in milk supply
experienced as a result of the European Community reducing
national production quotas, it was necessary to obtain milk from
other sources. Accordingly, the Co-operative entered into an
agreement in 1987, with a neighbouring co-operative and formed a
joint venture company, 'Carrigbawn Milk Products Limited', to
produce, initially, casein. The new company's plant was built at
the Co-operative's site. The Co-operative was required to provide
services, including management and staff, on a contract basis.
The Union sought an increase in wages on behalf of the 2
Laboratory Grades. The Co-operative rejected the claim. The
rates of pay of the workers concerned inclusive of 2½% bonus are:-

Laboratory Technician Laboratory Assistant


£149.04 £149.04
£155.27 £152.92
£165.13 £157.77
£170.85 £163.47


In August, 1987, the matter was referred to the conciliation
service of the Labour Court. No agreement could be achieved
at conciliation conferences held in September, 1987, February
and May, 1988, and the matter was referred to the Labour
Court on 27th June, 1988, for investigation and
recommendation. A Court hearing took place on 20th
September, 1988, in Nenagh.



UNION'S ARGUMENTS:

Laboratory Technicians:
3. 1. Since the opening of the new plant there are several new
tests required and more stringent standards are expected. A
trainee technician has been taken on temporarily on work
experience as a result of the increased workload. The
responsibility of training and supervising the trainee rests
with the 2 technicians. The extra work was undertaken by the
technician's without extra pay on the basis of the issue being
examined by the Court.

2. The Co-operative pays low rates by comparison to other
local employers and competing co-operatives, (details provided
to the Court). The qualifications of the technicians in the
Co-operative are similar and in some cases superior to other
co-operatives.

3. There are no national rates of pay for the dairy industry
since negotiations broke down several years ago. When
national rates were set during the early 1970's, laboratory
work was of a limited nature. Since then high value added
products have been added to co-operatives ranges and these
must be tested.


Laboratory Assistants:
4. 1. Since the opening of the new plant the laboratory
assistants must operate tabling machines for casein codes and
skim milk powder codes. In recent years extra testing has
been required of them in connection with skim milk. They are
prepared to take on extra work without claiming for increased
staffing.

2. The laboratory assistants agreed to do the extra work
pending Court's investigation. They also co-operated in
allowing the operators in the new plant to do work that was
proper to the grade of laboratory assistant.

3. The Union believes that the laboratory assistants wage
rates are out of line by comparison with local industry and
other co-operatives. A 4 point scale ranging from £145.37 to
£159.48 is low compared with the national trends in industry.



CO-OPERATIVE'S ARGUMENTS:

Laboratory Technicians:
5. 1. The rate of pay of technicians was agreed at industry
level in 1977. In 1986, the Union sought an increase in the
rates in the Co-operative on the basis of increased milk
throughput and improved productivity. An increase of £10 per
week at the maximum point was accepted.


2. The technicians are employed to carry out various tests on
all the Co-operative's products and processes. Many of these
tests are done on a routine and repetitive basis. The type
and complexity of the tests required for casein are no
different from any of the other tests. The Co-operative
recruited an extra worker into the laboratory for the duration
of the peak casein season. This additional worker, in fact,
carries out the vast majority of the tests on casein.



LABORATORY ASSISTANTS:
6. 1. The only change in the laboratory assistants situation is
the introduction of casein into the range of products for
sampling and testing. It is the Co-operative's contention
that this has not increased their duties in any way. They are
employed to test and sample raw materials, in-process
materials and finished products and effluents. By agreement
with the Union the casein plant operatives carry out the
sampling of in-process casein. The laboratory assistants do
not take samples of, or test the casein production. They are
required to sample the casein at the bagging-off of the
finished product only.


2. The laboratory assistants, in fact, have had a reduction
in work. The milk used to manufacture casein is diverted from
the powder area. There is, therefore, less powder for
testing. Additionally, total volume of finished product is
reduced.


3. The venture into the manufacture of casein was undertaken
to help maintain the milk supply and develop the
Co-operative's future. The advent of the Single European
Market in 1992 will change the entire scope of Irish industry.
Unless we prepare now and gear our industry for these changes,
the loss to our economy in investment and jobs will be
enormous. The Co-operative intends to survive and to thrive
beyond 1992. We ask the employees to join us in this
endeavour in the interests of the Co-operative's suppliers,
customers and employees.